Earl Kill Smith v. United States

This is an appeal from denial of a motion, made under Rule 35 of the Rules of Criminal Procedure, 18 U.S.C., to- correct the sentence in a criminal case. Appellant pleaded guilty to, an indictment charging bank robbery and that in perpetrating the robbery he put in. jeopardy the lives of named persons “by the use of a dangerous weapon”. He was-sentenced to a term of twenty-five years, imprisonment and to pay a fine of $10,-000. He complains of this sentence on the ground that the “dangerous” weapon was not more specifically described in the indictment. The point is without merit for reasons…